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ET case: respondent lost CCTV

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I am helping a friend with his ET, which has been going on for over a year now; for unfair dismissal. To cut a long story short, I have been requesting CCTV evidence and statements since last christmas, and finally demanded a Case Management Meeting. At this meeting, it turns out the CCTV evidence has been lost, and the ET have ordered the respondent to supply three missing statements.

1. What can I do about the missing CCTV evidence, and if they do not supply statements.

2. He was dismissed over one parcel, but in the bundle there is documentation on two more parcels, not mentioned until now, how can I dispute or get rid of this.






all other advice more than welcome

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When was the CCTV evidence "lost"?


Did they rely on this CCTV evidence to dismiss your friend?


What will the CCTV evidence show?


What you do about the CCTV evidence depend on the answer to those questions.


If the ET have ordered the staements to be supplied, then they must do so. If they don't you can ask ET to strike the respondet out from defending the case and you win by default.



If they continue with trying to pin new charges (the two more parcels) onto your friend, you will just have to point this out the the ET, who will draw the most appropriate conclusion.

I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Was your friend ever shown the alleged CCTV footage prior to their dismissal, or was it refered to, say, in the minutes of a disciplinary hearing, etc?

What I'm trying to get at is, is it established that this CCTV ever actually existed in the first place?


Secondly, I can't see how they can, subsequent to your friend's dismissal, start bring up other alleged matters (other parcels).

They're not relevant. The tribunal should consider the reasons given for dismissal at the time of dismissal. Nothing else.

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